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HomeMy WebLinkAboutZoning - 49.5 Acres, more or less Land Generally Located Northwest and Northeast of Intersection of Michigan and Ireland RdsORDINANCE No. 4947 -67 Passed by the Common Council of the City of South Bend, Indiana Scntamh<r_11 , 19 67 Presented by me to the Mayor of the City of South Bend, September 12 1:9 67 Approved and signed by Clerk of Common Council Clerk L. BLOUGH TX[ 1P.A VPFEE PIlILILXINO CO. FILED IN CLERK'S 6FFCE AUG 2 3 190-7 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND, Location: 49.5 acres, more or less, of recently annexed land generally.lccated Northwest and Northeast of the intersection of Michigan and Ireland Roads. ORDINANCE NO. 4947 -67 AN ORDINANCE AMENDING SECTION 40 OF THE MUNICIPAL CODE OF THE CITYOF SOUTH BEND INDIANA, 1962, AS AMENDED, ALSO KNOWN AS ORDINANCE NO. 3702, THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1: That Section 40 of the Municipal Code of the City of South Bend, Indiana, 1962, as amended, also knows as Ordinance No. 3702, the Zoning Ordinance of the City of South Bend, Indiana, be and the same is hereby amended as follows, to wit: That the following described real estate situated in the City of South Bend, Indiana and annexed to said city by Ordinance No. 4431 -62 be zoned as follows: A. The following real estate shall be zoned "A" Residential Use and "A" Height and Area District: Beginning at a point on the North right -of -way line of Ireland Road 400 feet, more or less, west of the east section line of the Northeast one quarter of Section 26, T37N2 R2E; thence east along the North right -of -way line of Ireland Road a distance of 2,210 feet, more or less, to the point of intersection of the said north right -o£- way line and the property line between Lots 166 and 167 of Part of Chippewa Heights 3rd Addition; thence Northerly along said property line and its projection a distance of 667.75 feet, more or less, to the North right -of -way line of Walter Street; thence westerly along the north right -of -way line of Walter Street to the east right -of -way line of Michigan Street; thence Northerly along the east right -of -way line of Michigan Street to a point 740 feet, more or less, such point being the intersection of the east right -of -way line of Michigan Street and an extension of a property line between Lots 74 and 75 and 102 and 103 of -2- Part of Chippewa Heights 3rd Addition; thence westerly along said property line and its projection to the west right -of -way line of Main Street; thence northerly along the west right -of -way line of Main Street to a point on the right -of -way line, said point being 50 feet, more or less, northerly of the north property line of Lot 152 in Part of Chippewa Heights 3rd Addition; thence westerly, parallel to the north line of said Lot 152, to the east section line of the Northeast one quarter of Section 26, T37N, R2E, a distance of 403.2 feet, more or less; thence southerly along said section line to a point 1390 feet, more or less, said point being the intersection of the east line of the Northeast one quarter of Section 26, T37N, R2E, & the Projected property line between Lots 44 and 45 in the Unrecorded Plat of John A. Byers Addition; thence westerly along the projection of said line a distance of 400 feet, more or less; thence southerly to the place of beginning: excepting therefrom the property described as beginning at the intersection of the east right -of -way line of Michigan Street and the north right -of -way line of Ireland Road, as shown in the plat of Part of Chippewa Heights 3rd Addition; thence east a distance of 174.24 feet; thence north along a line perpendicular to the north right -of -way of Ireland Road to the south right -of -way line of Norman Street; thence westerly along the south right -of -way line of Norman Street to the east right -of -way line of Michigan Street; thence southerly along the east right -of -way line of Michigan Street to the place of beginning; and also excepting therefrom Lots 1 -12 inclusive, the east 35 feet of Lot 13 and the east 50 feet of Lot 16 in the Unrecorded Plat of John A. Beyers Addition and Lots 75 -88 inclusive in Part of Chippewa Heights 3rd Addition. B. The following real estate shall be zoned "C" Commercial Use and "A" Height and Area District: Section 2: Y s Ordinance shall be in full force and erffect from and after its passage and legal publicati. .., z the City of South Bend, Indiana Beginning at the intersection of the east right -of -way line of Michigan Street and the north right -of -way line of Ireland Road, as shown in the plat of Part of Chippewa 'a Heights 3rd Addition; thence east distance of 174.24 1st &2nd 8UOIPISS-X9"67feet; thence north along a line perpendicular to the north right -of -way of Ireland Road to the south right -of -way COMMITTEE OF THE WHOLE line of Norman Street; thence westerly along the south PUBLIC HEris3 9` tt'to7 right -of -way line of Norman Street to the east right -of -way 3rd reaolHS q - 1 line of Michigan Street; thence southerly along the east right -of -way line of Michigan Street to the place of NOT A -F OVEO beginning; and also Lots 1 -12 inclusive, the east 35 feet FEFEI.HED of Lot 13 and the east 50 feet of Lot 16 in the Unrecorded Plat of John A. Beyers Addition.and Lots 75 -88 inclusive PASSED `j in Part of Chippewa Heights 3rd Addition. Section 2: Y s Ordinance shall be in full force and erffect from and after its passage and legal publicati. .., z the City of South Bend, Indiana \j AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. August 21, 1967 The Honorable Common Council City of South Bend, South Bend, Indiana Gentlemen: I. K. WILSON, EXECUTIVE DIRECTOR 129 W. COLFAX AVENUES,OUTH BE=ND, INDIANA 46601 (219) 233 -2955 FILED IN CLERK'S OFFICE AUG 2 3 1967 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND. The attached6ordinance, zoning the recently annexed property at the intersection of Ireland and Michigan was legally advertised under date of July 8 and 15 and given public hearing on July 18, 1967. The following action was taken: After due consideration it was moved, seconded, and unanimously carried that the ordinance be recommended favorably to the Common Council. Excerpts from the minutes are hereby attached and made a part of this report. Very truly yours, J6hn K. Wilson, Executive Director JKW /cas Attach. �! EXCERPTS FROM THE MINUTES OF THE AREA PLAN COMMISSION MEETING HELD AUGUST 15, 1967 1. Discussion of Ireland - Michigan rezoning. _Mr,__4111son- now - _explained that the requirements of the zoning ordinance.prohibits -the zoning of the area Eatt of Michigan and North of Ireland Road C -2 Commercial since non- conforming uses would be created. He asked the Commission to reconsider its previous - action and to zone the property involved on the basis of its existing use. Immediate action of the Commission is necessary`so that zoning is placed on the property prior to the 180 day limitation. It was suggested by Mr. Wilson that a transitional use district would actually be the best t:,eatment. Under such an d rprovision woul be made for the orderly transition from residential to commercial. The staff - is presently working on the preparation of such a district which would allow uses permitted in the B and C -2 districts and would require a minimum area of three (3) acres for non - residential uses. Such -non- residential uses would not have to be under one,ownershin but would have to submit a unified site plan. , After Motion and carried It was then moved by Dean Royster, seconded by Mr. Miller and unanimously carried that: -the previous recommendation-and --vote be rescinded. Following, the above motion, it was moved by Mr. Pavey, seconded by Dean Royster`, and unanimously carried that the property be zoned "A" Residential Use and "A" Height and Area District and "C" Commercial Use and "A" Height.and Area District. I EXCERPTS FROM THE MINUTES OF THE AREA PLAN COMMISSION. MEETING -HELD JULY 180 1967 i 7. A proposed ordinance originated by the Area Plan Commission to zone recently annexed land "A" Residential and "A" Height and Area District and "C'.' Commercial and "A" Height and Area District. Said nronerty beihr,, generally located immediately north of the Ireland- Michigan intersection and bounded on the west, north and east by the present city limits. Mr. John Wilson, Executive Director of the Area Plan Commission explained that the Commission had originated this petition due to the fact that`t t'was recently annexed to the City of South Bend and the'. Commission has the responsibility of recommending the'.initial zoning on the property. He explained the existing land use pattern of the area and indicated that the nroposed preliminary zoning arrangement followed closely'this existing pattern. Such an approach would nermit greater control of future develop- ment since snecific rezoning requests wouldhave to be submitted along with site development plans. Adequate lot sizes, proper traffic control, compatible land use arrangements,, etc. could then be assured thereby protecting existing property owners during; the transitional stage which this area will eventually go through. It is felt by the staff that the future land use nattern will include, industrial, commercial and single family uses. Mr. Wilson stressed the fact that if the property is zoned as suggested by the Commission it does not preclude specific rezoning requests by property owners and stated that the Commission would be recentive to requests for industrial zoning west of Main Street, commercial requests along Main Street and limited commercial along Ireland Road. The Chairman now asked that any one wishing to sneak come forward. There now aopeared Carl I-Jeidler, attorney, 707 Odd "ellow Building, representing Helen Bartol and her children Lester and .Tames Basset. He indicated that they own the nronerty at the Northeast corner of !?ichigan and Ireland with approximately 300 feet more or less along Ireland and 170 feet, more or less, along Michigan. The corner is leased to a service station and there is an angle cut out of the corner of this_prooer-tv for a state_ urning movement. Mr.- Weidler pointed out that as prooesad the zoning would cut the property owned by his clients in two and that due to the character of the nronerty across the street, his clients property was of no value for residential,nurnoses. He requested that the Commission consider zoning at least another 90 feet of his clients nronerty commercial. -2- Mrs. Pat Basset now appeared and requested that the' Commission also consider zoning the single family house which they own and which is on the same deed as the other property to commercial. She indicated that they have had several persons interested 1n. the oropertyy for-Commercial purposes and if the single family home is zoned commercial they would remove the dwelling which is somewhat delapidated and replace it with a more moderncommercial building.,. There now _appeared Mr. Wilbur Rock, 133 E. Ireland, who indicated that he owns all the property immediately north of the Michigan- Ireland intersection on the east side of Michigan and that the area, 150 feet more or less, on Michigan and approximately 300 feet along Norman street. This property is rented to a Garden Center who have their shrubs planted in the rear of an existing building. He also indicated that he owns some property fronting on Ireland Road and that he felt it should be commercial. Mr. Robert Reed, 201 F. Center Street, North Liberty, appeared and indicated that he represented the owner of a vacant parcel of ground 129 x 330 fronting, on Ireland Road. The property in question is directly across from the entrance to K -Mart and that they have been unable to sell it for residential purposes. Mr. Reed indicated that he felt the property should be zoned for commercial but at the very least for "B" Residential Use. Mr. Dale Rowe, 19609 Ireland, appeared and indicated that if the Commercial zoning; were to be extended as far as the property Mr. Reed spoke about he felt that it should be extended clear to the easterly limits of the petition area and that although he has a single family dwelling in this area he would be in favor of commercial zoning. There now appeared Hudson rirestone, representing the South Side Church of rod, 59232 U. S. 31 South. He indicated that the Church property is presently zoning: commercial and that they also owned the property on either side of Walter Street fronting on Main. He indicated that they hope to build a recreational center and parkinfx lot on these lots and that they would like to have their property along Main Street zoned Commercial should they ever have to,sell it. - _.- - ., Wal'.er Bl -)rk, owner of :!alt's Restaurant, appeared and stated that he had purchased the pronerty as commercial and used as such for over 10 years. He felt that the Commercial zoning should cover all the property which he owns even though some of it is on "lain Street. -3- Mr. James Ford, 20712 Johnson Road, owner of the property on the Northeast corner of Main and Ireland now appeared and stated that when he purchased the pronerty in 1955 it was zoned Business; that the house is barely- livable due to dust and traffic etc. and that he did not feel that the zoning on the pronerty should be anv more restrictive now than it was when the pronerty was purchased. Ile also stated that the Highway Department is asking him to deed 10 to 20 feet of additional right -of -way along Ireland Road and if this is taken off the lot the road will come almost to the front door. According to Mr. Ford the neighboring Property owner, Mr. 'Valters, had tried to sell his home for over a year but was unsuccessful. "r. Ford nointed out that there is a trailer nark and a bank across the street from his property. Mr. Block now reappeared and stated that he did not feel that the individual pronerty owner should have to bear the cost of rezoning the nroperty. No one further anneared. After due consideration it was moved by Mr. Helvie, seconded by Mr. Benhart and unanimously carried that the proposed ordinance be tabled until the Au�-ust 1 special meeting of the Area Plan Commission in order to give the staff time to further investigate this matter. EXCERPTS FRO A SPECIAL IMETIR(l, OFr` HELD AWUST is, 1A7,1 Discussion of Ireland- luohigan Zoning Mr. Wilson stated that the staff had talten,aaather look at-the area on the o4sis of 'the comments made at the public hearing. The projected land use for the area would consist of light industrial, commercial and resideptial. It is felt that the area will be in a state of transition to light industrial :and .commercial over be next few yearar It is Important. that the tr aitj,srried out in an orderly "16ikiier and that t_r it vemaiats into and out of thepropaaad, developa►enta trp eontsol�ad g o, that points of conflict are kept to a mintuul.,, The Greg alpng Ireland Road east`;of Michigan 1a alyd�r °coAgeated one and the uncontrolled 'Qevelopment of these'p8rcba could lead to a very serious traffic accident location. ;The matter of C -2 Commercial zoning for this :property ,VasAia0uased:And it was felt that there was merit in such a proposal eince minimum areas of 3 acres would be required.' It was pointed' out that zoning of the remainder of the area on the basis. ,of existing uses would provide the necessary immediate control. After considerable discussion it was moved by Dean Royster, seconded by Mr. Sharp and unanimously carried that the property east of Michigan Street for a depth of 1046.69,feet more or less and North of Ireland Road for a depth of 490 feet, more or less be zoned "C -2" Commercial; that those lots,fronting on the west side of Michigan Street be zoned "C" Commercial and the remainder of the area be zoned "A" Residential with all the area having an "A" Height and Area District.